Jahangir v Minister for Immigration & Multicultural Affairs [2000] FCA 1872

FEDERAL COURT OF AUSTRALIA

Jahangir v Minister for Immigration & Multicultural Affairs [2000] FCA 1872

MIGRATION – application for review of decision of Refugee Review Tribunal – whether the Tribunal's decision involved an error of law – whether there was no evidence or other material to justify the making of the decision – whether the Tribunal complied with the requirements of section 430(1) of the Migration Act 1958 (Cth)

Migration Act 1958 (Cth) ss 430(1), 476(1), (4)

Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845 followed Abebe v Commonwealth (1999) 197 CLR 510 at [85] followed Yilan v Minister for Immigration & Multicultural Affairs (1999) 55 ALD 600 at [58] referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 at 220 followed SAYED MOHAMMED HASAN JAHANGIR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 705 of 2000 STONE J 20 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 705 OF 2000

BETWEEN: SAYED MOHAMMED HASAN JAHANGIR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 20 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 705 OF 2000

BETWEEN: SAYED MOHAMMED HASAN JAHANGIR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 20 DECEMBER 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 This is an application for a review of the decision of the Refugee Review Tribunal ("Tribunal") upholding a decision of the delegate ("Delegate") of the Minister for Immigration and Multicultural Affairs ("the Minister") to refuse the grant of a protection visa. The application is made under s 476 of the Migration Act 1958 (Cth) ("the Act"). 2 Under s 36 of the Act, the criterion for the grant of a protection visa is that the applicant is a non-citizen in Australia to whom Australia has protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951, as "amended" by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 (compendiously, "the Convention"). As a party to the Convention, Australia has undertaken protection obligations to a person who is a "refugee" as defined in the Convention. 3 Article 1A(2) of the Convention provides that a refugee is any person who: "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it." 4 It is necessary that, at the time of the decision on the application for a protection visa, the Minister is satisfied that the applicant is a person to whom Australia has protection obligations under the Convention; see cl 866.221 of Schedule 2 to the Migration Regulations 1994 (Cth). 5 The Tribunal's decision is a "judicially reviewable decision" (s 475(1)(b) of the Act). The Applicant was entitled to apply to this Court for review of it on certain grounds (s 476). The Court has the jurisdiction provided by Part 8 of the Act, but no other jurisdiction with respect to it (ss 485, 486).